Case Details

Citation(s)
2014 SLG 1115 2014 SLD 1115 2014 MLD 238
Supreme Court (AJ&K)
Civil Appeal No.31 of 2008, decision dated: 18-01-2012. (On appeal from the judgment and decree of the High Court dated 28-3-2008 in Civil Appeal No.10 of 2007.)
MUHAMMAD AZAM KHAN, C.J. AND CH. MUHAMMAD IBRAHIM ZIA, J
Sardar Muhammad Azam Khan, Advocate for Appellant. Raja Hassan Akhter, Advocate for
Respondents.

CHIEF ADMINISTRATOR AUQAF (NAZAMEALLA AUQAF)

VS

Sain GHULAM AHMED and others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---S. 42(11)(d)(e) & (12)---Direct appeal before Supreme Court against of High Court---Scope---Conversion of direct appeal into petition for leave to appeal---Limitation---Condonation---Scope---Appellant had contended that direct appeal was filed on the misconception in view of the of Supreme Court (1999 YLR 1308), wherein it was observed that direct appeal was competent when the value of the subject matter in the lower court and High Court was not less than Rs.50,000---Appellant, after a period of four months of the date of announcement of of the High Court, had moved an application for converting the appeal into petition for leave to appeal, while limitation for filing petition for leave to appeal in the Supreme Court was sixty days from the order/ of the High Court---Even if appellant was misled by the , even then, it was enjoined upon him to file application for treating the appeal as petition for leave to appeal, soon after the announcement of by the High Court or within the period of sixty days---Counsel for the appellant could not furnish any explanation of filing application after four months of the announcement of the ---Appellant being negligent, was not entitled for condonation of delay, especially when he had not moved any application for condonation of said delay---Direct appeal filed by the appellant before the Supreme Court being not competent, same was dismissed, in circumstances. Muhammad Khan and another v. Muhammad Shafique and another 1999 YLR 1308; 1999 SCMR 319; 2003 SMR 319; 1997 SCMR 351; 2001 SCR 150; 2008 SCR 1993; PLJ 1991 SC 1976(sic); PLD 1996 SC 1 and 1999 CLC 559 distinguished. JUDGMENT MUHAMMAD AZAM KHAN, C.J.---This direct appeal under section 42(11)(d) of the AJ&K Interim Constitution Act, 1974, has been filed against the judgment and decree of the High Court dated 28th March, 2008, whereby appeal filed by the appellant has been dismissed. 2. The appeal was filed on 23rd May, 2008. On 24th March, 2011 while hearing the arguments, a preliminary objection was raised, thus a point was formulated to the effect that whether a direct appeal in this Court under the…
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